DETAILED ACTION
This office action is in response to the application filed October 23, 2025 in which claims 1-7 are presented for examination.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: The preamble of claim 1 recites “A protective face mast,” which should be amended to recite “A protective face mask.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation “wherein the fabric is a lightweight fabric.” This limitation renders the claim indefinite because it is impossible to determine the metes and bounds of the term “lightweight.” It is noted that although claims 6 and 7 depend from rejected claim 2, the further limitations in claims 6 and 7 which recite specific weights for the fabric render those claims definite.
Claim 5 recites the limitation “wherein the fastening between the lateral flaps of the fabric is made by a simple stitching.” This limitation renders the claim indefinite because it is impossible to determine the metes and bounds of “a simple stitching.”
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 2,634,725 Presti.
To claim 1, Presti discloses a protective face mask (see Figures 1-3, reproduced below for convenience; col. 1, line 1 – col. 4, line 7), comprising: a fabric (10) (see Figures 1-3; col. 1, lines 37-50; col. 2, lines 26-35; col. 3, lines 23-52); an upper elastic band (16) attached to an upper flap of the fabric (see Figures 1-3; col. 2, line 54 – col. 3, line 18); a lower elastic band (16) attached to a lower flap of the fabric (see Figures 1-3; col. 2, line 54 – col. 3, line 18); and a fastening (18) between lateral flaps (12) of the fabric (see especially Figure 1; col. 3, lines 14-18).
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To claim 2, Presti further discloses a protective face mask wherein the fabric is a lightweight fabric (col. 1, lines 37-50; col. 2, lines 26-35; col. 3, lines 23-54).
To claim 3, Presti further discloses a protective face mask wherein the upper elastic band is attached to the upper flap of the fabric and the lower elastic band is attached to the lower flap of the fabric by sewing (see Figures 1-3; col. 2, line 54 – col. 3, line 18).
To claim 5, Presti further discloses a protective face mask wherein the fastening between the lateral flaps of the fabric is made by a simple stitching (see especially Figure 1; col. 3, lines 14-18).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Presti in view of USPN 2,265,983 Aibel.
To claim 4, Presti further discloses a protective face mask wherein the upper elastic band is attached to the upper flap of the fabric and the lower elastic band is attached to the lower flap of the fabric by an overlock stitch with rubber thread (see Figures 1-3; col. 2, line 26 – col. 3, line 18).
Presti does not explicitly disclose a rubber thread that is lastex.
However, Aibel teaches a head-worn garment comprising lastex (see Figures 1-8; pg. 1, col. 2, lines 11-17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the rubber thread of the protective face mask of Presti to be lastex as taught by Aibel because Aibel teaches that lastex is a suitable elastic material to secure edges of a head-worn garment under tension (pg. 1, col. 2, lines 11-17). It is further respectfully noted that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Presti.
To claim 6, Presti discloses a protective face mask as recited in claim 1, above.
Presti does not explicitly disclose a protective face mask wherein the fabric has a grammage between 12 and 30.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the fabric of the protective face mask of Presti to have a grammage between 12 and 30 as a matter of routine optimization. It is further respectfully noted that is has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Presti in view of US Pub No. 2004/0078860 Bell et al.
To claim 7, Presti discloses a protective face mask as recited in claim 1, above.
Presti does not disclose a protective face mask wherein the fabric is a non-woven fabric.
However, Bell teaches a protective face mask (10) (see Figures 1-14b; paras. 0086-0093) comprising a fabric that is a non-woven fabric (paras. 0086-0093).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the protective face mask of Presti in a fabric that is a non-woven fabric as taught by Bell because Bell teaches that this configuration is known in the art and available in elastic constructions (para. 0088). It would further have been obvious to one of ordinary skill in the art that non-woven fabrics may be relatively inexpensive compared to knit and woven fabrics. It is further respectfully noted that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (see MPEP 2144.07).
The modified invention of Presti (i.e., Presti in view of Bell, as detailed above) does not explicitly disclose a protective face mask wherein the non-woven fabric has a grammage of 16.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the non-woven fabric of the protective face mask of the modified invention of Presti to have a grammage of 16 as a matter of routine optimization. It is further respectfully noted that is has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art (see MPEP 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Additional protective face masks with configurations analogous to the disclosed invention (see form PTO-892 “Notice of References Cited”).
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/F Griffin Hall/Primary Examiner, Art Unit 3732
